Unfortunately, too many transgender and intersex Australians report experiencing discrimination in the workplace, or when they are looking for accommodation, or when they are accessing goods and services.
It is unlawful to be discriminated against on the basis of your gender identity.
Even so, that doesn’t stop some employers from sacking trans and intersex workers, or reducing their hours, or refusing them a promotion.
Transgender and intersex people also report being denied rental accommodation or refused service in some retail stores, cafes and restaurants, because of their gender identity.
Trans workers are particularly vulnerable to discrimination and harassment when they ‘come out’ or when they are transitioning.
What is transgender or gender diverse?
The term ‘transgender’ or ‘gender diverse’ refers to someone whose gender identity doesn’t match the gender they were born with, or the gender that was assigned to them at birth.
Being transgender or intersex has nothing to do with sexual orientation.
Transgender and intersex people may identify as heterosexual, homosexual, bisexual, asexual, or may decline to label their sexual orientation.
Who Qualifies As Transgender?
You qualify as transgender if:
- you identify as the opposite gender to your birth gender and live as your identified gender
- you identify as the opposite gender to your birth gender and are seeking to live as your identified gender
- you are intersexual (born with indeterminate sex, for example with sexual parts of both sexes), and you live as your identified gender
- you are thought of as a transgender person
Importantly, you do not have to have had any surgery to be counted as transgender, and you don’t have to be taking any hormones.
It does not matter what gender you were at birth.
It does not matter which gender is your identified gender, or why you are transgender.
What matters is how you live and behave, or how you want to live and behave.
What is transgender discrimination?
Transgender discrimination happens when a person who identifies as transgender or interesex is treated less favourably than someone who is not.
Under the Sex Discrimination Act, it is unlawful for an employer to treat you less favourably than another person because of your gender identity, appearance, mannerisms or other gender-related characteristics, or because you have a relative, friend, or colleague who is transgender.
An employer cannot take adverse action against you, including refusing you employment, sacking you, or denying you a promotion or training.
It is also unlawful to discriminate against a transgender intersex person when they are looking for accommodation, or when they are accessing goods and services.
Being Treated As Your Preferred Gender
In general, if you identify as a transgender person, you have the right to be treated as the gender with which you identify.
You can wear the clothes or uniform of your identified gender, and use the toilets and change rooms of your identified gender.
How We Can Help
If you have experienced discrimination on the basis of your gender identity, our team of employment lawyers and industrial advocates at Discrimination Claims can help.
We can represent you in the Human Rights Commission, the Fair Work Commission, the Industrial Relations Commission, or any other relevant court or tribunal.
We are specialists at negotiating significant sums of compensation for those who have been subjected to discrimination on the basis of their gender identity.
Make no mistake, we will fight for you until we achieve the outcome that you are looking for.
IMPORTANT: If you have been dismissed from employment because of your gender identity, you only have 21 days from the date of your dismissal to make a claim, so don’t delay!
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